Holt v. Gage
Supreme Court of New Hampshire
Assumpsit, on a promissory note for $2,200, dated April 11, 1873, payable on demand with interest annually, and signed by C. & J. C. Gage, and the defendant, Isaac K. Gage. Plea, the general issue and the statute of limitations. C. & J. C. Gage wore the principals on the note, and the defendant was surety. Two payments were made in 1878 by J. C. Gage, which were endorsed, but nothing has been paid by the defendant.
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Assumpsit, on a promissory note for $2,200, dated April 11, 1873, payable on demand with interest annually, and signed by C. & J. C. Gage, and the defendant, Isaac K. Gage. Plea, the general issue and the statute of limitations. C. & J. C. Gage wore the principals on the note, and the defendant was surety. Two payments were made in 1878 by J. C. Gage, which were endorsed, but nothing has been paid by the defendant. The plaintiff claimed a new promise by the defendant; and to prove it, he testified that at one time be called on J. C. Gage, when the defendant was present, to make a payment, and…
1Opinion of the CourtSmith, J.
In Stanton v. Stanton, 2 N. H. 425, decided in-1822. and in Atwood v. Coburn, 4 N. H. 315, decided in 1828, it was held that a simple acknowledgment of a debt does not take a, case out of the statute of limitations; but such acknowledgment is. evidence from which a jury may, if there be nothing to rebut it,, presume a promise to pay which will take the case out of the-statute. These are the only cases in our reports where the doctrine of the early English cases, that a mere acknowledgment of a. debt is evidence from which a new promise may be inferred, is upheld. Heylin v. Hastings, 1 Ld.…
2Cases cited1 opinion
- Bell v. MorrisonSupreme Court of the United States · 1828
3Cited by4 opinions
- Conway Savings Bank v. DowSupreme Court of New Hampshire · 1897
- Barker v. HeathSupreme Court of New Hampshire · 1907
- Levensaler v. BatchelderSupreme Court of New Hampshire · 1929
- Premier Capital, Inc. v. GallagherSupreme Court of New Hampshire · 1999